Terms of Service

Effective Date: August 19, 2025
Parties: This End User Agreement (the “Agreement”) is between LevelUp Marketing Solutions Inc. (“Sports Suite 360”, “we”, “us”, “our”) and the entity or person agreeing to these terms (“Customer”, “you”).

1) The Service

Sports Suite 360 provides software for sports organizations to manage registrations, forms, payments, reporting, and communications (the “Service”). You may grant access to authorized users within your organization (“Users”).

2) Accounts & Access

You are responsible for (a) the accuracy of account information, (b) maintaining the confidentiality of logins, and (c) all activities under your accounts. You must promptly notify us of any unauthorized access.

3) Customer Data & Roles

• “Customer Data” means data you or your Users submit to the Service, including athlete/member information, forms, and registration details.
• As between the parties, you own Customer Data. You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide and improve the Service.
• If you use Sports Suite 360 for youth programs, you are responsible for obtaining all required consents (e.g., parental/guardian consent), delivering legally required notices, and honoring data subject rights.

4) QuickBooks Online Integration

If enabled by you:

1. Authorization. You authorize us to connect your QuickBooks Online account via OAuth and to act on your instructions within the scope below.
2. Scope of Actions. We will create customers, create/post invoices, and record payments in your QuickBooks Online instance as directed by your settings or API calls from your account.
3. Data Handling. We do not store QuickBooks ledger data on our servers. We may store minimal metadata (realm ID, customer/invoice/payment IDs, statuses, timestamps) necessary to reconcile transactions and display status in the Service.
4. Tokens & Revocation. Access tokens are stored securely and can be revoked by you at any time from QuickBooks or from within the Service (where available). Revocation may disable related functionality.
5. Accuracy. You are responsible for the accuracy of mappings, tax settings, amounts, and any accounting outcomes arising from your use of the integration.
6. No Accounting Advice. We do not provide legal, tax, or accounting advice.
7. Intuit Terms. Your use of QuickBooks is subject to Intuit’s terms and policies. We are not responsible for QuickBooks availability, changes, or API limits.

5) Payments & Fees

Unless otherwise agreed in an order form:

• You will pay the subscription and usage fees described in the Service. Taxes (e.g., HST/GST) are additional.
• Fees are due as stated at checkout or invoice. Late amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law.
• We may suspend the Service for non-payment upon reasonable notice.

6) Email & Messaging; Anti-Spam

You may send transactional and, where lawful, marketing messages through the Service. You must comply with all applicable anti-spam and marketing laws (including CASL in Canada, CAN-SPAM in the U.S., and ePrivacy/GDPR rules where applicable). You must maintain valid consent records, include required sender information, and provide an unsubscribe mechanism for non-transactional messages.

7) Acceptable Use

You will not: (a) misuse the Service; (b) attempt to access non-public areas; (c) reverse engineer or circumvent security; (d) upload malware; (e) infringe any third-party rights; (f) use the Service for unlawful, harmful, or abusive activity; or (g) use the Service to collect sensitive data unless required and lawful (e.g., health info) and properly safeguarded.

8) Third-Party Services

The Service may rely on third-party platforms (e.g., payment processors, email delivery, QuickBooks). Your use of those services is subject to their terms. We are not responsible for third-party services or their availability.

9) Confidentiality

Each party will protect the other’s non-public information with reasonable care and use it only for purposes of this Agreement.

10) Privacy & Security

We will process personal information in accordance with our Privacy Policy (incorporated by reference). We maintain appropriate technical and organizational measures to protect Customer Data.

11) Intellectual Property

We and our licensors own the Service, documentation, and all related IP. No rights are granted except as expressly stated.

12) Warranties; Disclaimers

We provide the Service on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation.

13) Limitation of Liability

To the maximum extent permitted by law:

• Indirect Damages. Neither party is liable for indirect, incidental, special, consequential, or punitive damages (including lost profits, revenues, or data).
• Cap. Each party’s aggregate liability arising out of or related to this Agreement is limited to the fees paid or payable by you to us in the twelve (12) months before the event giving rise to liability.
  These limits do not apply to your payment obligations or either party’s breach of confidentiality or infringement/misappropriation of the other’s IP.

14) Indemnification

You will defend and indemnify us against claims arising from (a) your Customer Data, (b) your breach of this Agreement, or (c) your violation of laws (including anti-spam and privacy) or third-party rights.

15) Term; Termination

This Agreement starts on the Effective Date and continues until terminated. Either party may terminate for material breach if not cured within thirty (30) days after written notice. We may suspend or terminate immediately for unlawful use, security risk, or non-payment.

Effect of Termination. Upon termination, your access ends. For thirty (30) days after termination, you may request an export of Customer Data (excluding third-party data we don’t store, such as QuickBooks ledger content). We may delete Customer Data after that period unless required by law to retain it.

16) Modifications

We may update this Agreement. If we make material changes, we will notify you (e.g., via the Service or email). Continued use after the effective date constitutes acceptance.

17) Governing Law; Venue

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located in Ontario, Canada.

18) Export; Sanctions

You represent you are not prohibited by applicable export, sanctions, or trade laws from using the Service.

19) Force Majeure

Neither party is liable for delays or failures due to events beyond reasonable control (e.g., outages, acts of God, labor disputes, governmental actions).

20) General

This Agreement (with any order forms and the Privacy Policy) is the entire agreement and supersedes prior terms. If a provision is unenforceable, the remainder remains in effect. You may not assign this Agreement without our consent; we may assign to an affiliate or in connection with a reorganization or sale.

Contact: [email protected]